Wolski v. Wandel

Wolski (plaintiff), who was mentally disabled, hired attorney Wandel (defendant) to challenge a trust arrangement involving land his sister held; a court-appointed guardian ad litem, after consulting with Wandel and investigating independently, recommended settling, and Wolski agreed to a settlement giving him a life estate rather than fee-simple title. Wolski later hired new counsel, tried unsuccessfully to unwind the settlement, and sued Wandel for malpractice, presenting expert testimony from an attorney who believed the case should have been tried and that the guardian would have recommended differently with more information — but who never testified that Wandel had actually violated the applicable standard of care. The trial court granted Wandel summary judgment.

Whether an attorney's duty of care in representing a client is to use such skill, prudence, and diligence as lawyers of ordinary skill and capacity commonly possess and exercise in the performance of the tasks which they undertake.